BCUPE RulesUttar Pradesh1992
The Bar Council of Uttar Pradesh Election Rules, 1992
Some chapters of this Act are incomplete in our copy — a few sections did not come through from the source. For a section missing here, read the Government text (India Code or the State Gazette).
Act No. XXV of 1992
- Sections
- 40
- Chapters
- 2
Contents
0Preliminary§ 1–2020 sections
- 1Short Title and Commencement
- 2Section 2
- 3Interpretation
- 4Time and place of Election
- 5Method of Election
- 6Notice of election
- 7Candidates
- 8Candidates how to be proposed. - Nomination :
- 9Doubts as to validity of proposals
- 10Withdrawal from election
- 11Declaration when number of candidates is equal to the number of seats
- 12Publication of list of candidates
- 13Preparation of list of voters
- 14Form of voting paper
- 15Voting in person
- 16Polling booths for voters voting in person
- 17Second voting papers not to be issued
- 18Despatch of voting papers to Polling Officers for voting in person
- 19Supply of voting papers to voters voting in person
- 20Method of voting
IIStandards of Professional Conduct and Etiquette§ 34–5120 sections
- 34An Advocate shall not in any way communicate or negotiate upon the subject matter of controversy with any party represented by an Advocate except through that Advocate
- 35An Advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court
- 36An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper Comments or producing his photograph to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate-General
- 37An Advocate shall not permit his professional services or his name to be used in aid of or to make possible, the unauthorised practise of law by any lay agency
- 38An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same
- 39An Advocate shall not enter appearance in any case in which there is already a vakalatnama or memo or appearance filed by an Advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court
- 40Every advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum of Rs. 30/- every third year commencing from 1st April, 1984 alongwith a statement of particulars as given in the form set out at the end of these Rules, the first payment to be made on or before 1st April, 1984 or such extended time as notified by the Bar Council of India:
- 41Section 41
- 42If any advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the Stale Bar Council shall issue to him a notice to show cause within a month why his right to practice be not suspended. In case the advocate pays the amount together with late fee of Rs. 5/- per month, or a part of a month subject to a maximum of Rs. 30/- within the period specified in notice, the proceedings shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a Committee of three members constituted by the State Bar Council in this behalf may pass an order suspending the right of the advocate to practise:
- 43An advocate who has been convicted of an offence mentioned under section 24A of the Advocates Act or has been declared insolvent or has taken full time service or part time service or engages in business or any avocation inconsistent with his practising as an Advocate or has incurred any disqualification mentioned in the Advocates Act or the rules made thereunder, shall send a declaration to that effect to the respective State Bar Council in which the Advocate is enrolled within ninety days from the date of such disqualification. If the advocate does not file the said declaration or fails to show sufficient cause for not filing such declaration provided therefor, the Committee constituted by the State Bar Council under rule 42 may pass orders suspending the right of the advocate to practise:
- 44An appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of thirty days from the date of the order passed under Rules 42 and 43
- 44ASection 44A
- 44BThe Bar Council of India shall utilise the funds received under Rule 41(2) in accordance with the schemes which may be framed from time to time
- 45It is improper for an Advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by a State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961
- 46Every Advocate shall in the practice of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an Advocates economic condition, free legal assistance to the indiligent and oppressed is one of the highest obligations an Advocate owes to society
- 47An Advocate shall not personally engage in any business but he may be a sleeping partner in a firm doing business provide that, in the opinion of the appropriate State Bar Council the nature of the business is not inconsistent with the dignity of the profession
- 48An Advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinary sitting fee, provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a Secretary of any company
- 49An Advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise and shall, on taking up any such employment intimate the fact to the Bar Council on whose roll his name appears, and shall thereupon cease to practice as an Advocate so long as he continues in such employment
- 50An Advocate who has inherited, or succeeded by survivorship, to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof
- 51An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do 'press-vetting' for newspapers, coach pupils for legal examinations, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broad-casting, journalism lecturing and teaching subjects, both legal and non-legal